Editor's arrest underlines need for defamation law reform, says IFJ

Share

(IFJ/IFEX) - 5 July 2010 - The International Federation of Journalists (IFJ) is concerned at the arrest of T.P. Nandakumar, a magazine editor in the southern Indian state of Kerala, on charges of defamation. Nandakumar was taken into custody on July 3 following a complaint lodged by an Indian businessman who is a resident in the Gulf emirate of Abu Dhabi. He was released on bail the following day.

Nandakumar, who edits a weekly magazine called Crime, was under court injunction not to publish any material on the complainant. His arrest followed the posting of an article pertaining to the same individual on the magazine's website, http://www.crimenewsonline.com .

Crime magazine has earned a wide readership in recent years by carrying a number of stories with significant political impact. According to IFJ sources in Kerala, these stories have touched on the alleged misdeeds of several of the major parties contesting political power in the state. A recent story that it featured on the Minister for Education and Culture in the state led to libel action under applicable civil law.

"Without going into the content of the article in question, we believe that criminal action for defamation has no place in a democratic system that respects a free press," IFJ Asia-Pacific Director Jacqueline Park said.

"We urge that remedies for perceived acts of libel or defamation be sought through civil law so that firm judicial precedents are established on the protection of privacy and personal reputation."

While recognising that such precedents would be of value, the IFJ remains firm in its conviction that ethical guidelines for the media are best evolved by professional bodies of journalists.

Authorities continue to use sedition and criminal defamation laws to prosecute citizens who criticise government officials or oppose state policies. In a blow to free speech, the government in 2016 argued before the Supreme Court in favour of retaining criminal penalties for defamation. The court upheld the law.

In the 27 cases of journalists murdered for their work in India since CPJ began keeping records in 1992, there have been no convictions. More than half of those killed reported regularly on corruption. The cases of Jagendra Singh, Umesh Rajput, and Akshay Singh, who died between 2011 and 2015, show how small-town journalists face greater risk in their reporting than those from larger outlets, and how India's culture of impunity is leaving the country's press vulnerable to threats and attacks

The government uses draconian laws such as the sedition provisions of the penal code, the criminal defamation law, and laws dealing with hate speech to silence dissent. These laws are vaguely worded, overly broad, and prone to misuse, and have been repeatedly used for political purposes against critics at the national and state level.

Despite its Constitutional commitment to free speech, India’s legal system makes it surprisingly easy to silence others. Routine corruption, inefficiency, and the selective enforcement of vague and overbroad laws allow individuals, or small groups, to censor opinions they find distasteful. - See more at: http://www.pen-international.org/the-india-report-executive-summary-and-key-findings/#sthash.TIIM2xbu.dpuf

The media in Tripura is still dependent on the government for financial help, giving them an unprecedented upper hand to control press freedom in the state. As long as the political party in power is satisfied, the media is deemed to be okay otherwise there is an incredible pressure on the journalists as they have to not only endure insults but also face demotion in rank as well as being refused accreditation. - See more at: https://samsn.ifj.org/media-in-north-eastern-state-of-tripura/#sthash.0GypROMb.dpuf

Free Expression & the Law:

More from Free Expression & the Law

In its report, the Center examines Bahrain's laws and legislation restricting the freedom of press work and shows the extent of its non-conformity with the international treaties, covenants and agreements. The report also documents violations of media workers since the popular protests beginning in 2011.

Laws passed since Vladimir Putin's return to the presidency in May 2012 have dramatically strengthened the Russian authorities’ control over the flow of information online and offline. Much of this crackdown has been fuelled by Russia’s foreign policy, in particular its role in the conflict in neighbouring Ukraine and its armed intervention in Syria.

The report is based on the study of Bahraini laws and legislation related to the prosecution of civilians in military courts and shows the compatibility of Bahraini laws with the International Bill and international laws.

Civil society leaders in Egypt are urging the U.S. government to continue to condition and withhold military aid to Egypt until the Egyptian government makes meaningful reforms to its human rights practices.

BCHR analyses how the Bahraini judiciary uses the language of 'anti-terrorism' law to justify suppressing dissent. They also do a comparative study of the relevant local and international anti-terror legislation, and the extent to which Bahrain is in line with international law, international conventions and human rights treaties.

Reporters Without Borders (RSF) accuses the Eritrean government of a complete denial of reality in its first-ever report to the African Commission on Human and Peoples' Rights and announces that it has submitted an alternative "shadow report" with a much darker assessment of the state of press freedom in Eritrea.

The general trend over the past 10 years has been bleak, with an overall negative trajectory for press freedom. The major turning point was the election of Xi Jinping as General Secretary of the Communist Party of China in 2012 and President of China in 2013.

In 2014, Cameroon enacted a broad anti-terror law as part of its effort to counter the extremist group Boko Haram, but authorities are using it to arrest and threaten local journalists who report on the militants or unrest in the country’s English-speaking regions.

Since 2013, law enforcement authorities in Bangladesh have illegally detained scores of opposition activists and held them in secret without producing them before courts, as the law requires. In most cases, those arrested remain in custody for weeks or months before being formally arrested or released. Others however are killed in so-called armed exchanges, and many remain “disappeared.”

This study examines the existence of criminal defamation and insult laws in the territory of the 57 participating States of the Organization for Security and Co-operation in Europe (OSCE). In doing so, it offers a broad, comparative overview of the compliance of OSCE participating States’ legislation with international standards and best practices in the field of defamation law and freedom of expression.

READ AND DOWNLOADThis study analyses current trends in civil defamation and privacy cases in Hungary involving the media and summarises key challenges for freedom of the press and expression. Written by Hungarian media lawyer Bea Bodrogi, the study examined 250 court decisions related to civil protection of 'personality rights', an area in Hungarian law that includes defamation, privacy and personal image.

Freedom Forum has issued a review of Nepal's National Mass Communications Policy 2016. Among others, FF says the policy fails to articulate constitutional provisions relating to freedom of expression and mass communication. The policy, they said, also seems to promote centralided regulation, instead of self-regulation.

The Communist Party of Vietnam (CPV) in 2016 maintained its control over all public affairs and punished those who challenged its monopoly on power. Authorities restricted basic rights, including freedom of speech, opinion, association, and assembly. All religious groups had to register with the government and operate under surveillance. Bloggers and activists faced daily police harassment and intimidation, and were subject to arbitrary house arrest, restricted movement, and physical assaults.

Malaysia's human rights situation continued to deteriorate in 2016, with human rights defenders, activists, political opposition figures, and journalists facing harassment and politically motivated prosecution. Those criticising the administration of Prime Minister Najib Razak or commenting on the government's handling of the 1 Malaysia Development Berhad (1MDB) corruption scandal have been particular targets.

Authorities continue to use sedition and criminal defamation laws to prosecute citizens who criticise government officials or oppose state policies. In a blow to free speech, the government in 2016 argued before the Supreme Court in favour of retaining criminal penalties for defamation. The court upheld the law.

IFEX publishes original and member-produced free expression news and reports. Some member content has been edited by IFEX. We invite you to contact [email protected] to request permission to reproduce or republish in whole or in part content from this site.

Get more stories like this

Sign up for our newsletters and get the most important free expression news delivered to your inbox.